Category Archives: Child Sexual Abuse Attorney

Great Falls Tribune: Sex abuse suit filed against the Roman Catholic Diocese of Great Falls-Billings

Ten people filed a lawsuit Wednesday claiming they were sexually abused as children by Roman Catholic priests and nuns in central and eastern Montana, including a priest who was on a board that reviews allegations of child sex abuse for the church. The following article is from the Great Falls Tribune and Written by KIMBALL BENNION
Sex abuse suit filed against the Roman Catholic Diocese of Great Falls-Billings

A third lawsuit alleging abuse by Catholic clergy in Montana was filed Wednesday morning in Great Falls — this time from 10 plaintiffs alleging sexual assault by priests from within the Roman Catholic Diocese of Great Falls-Billings.

The only named plaintiff in the case, Timothy Becker, alleged that the Rev. Ted Szudera, who until last month was in active ministry in Stanford, abused him in 1978 and 1979 while Szudera was a priest in Livingston. Becker said in an interview Wednesday that he attended St. Mary’s Catholic School and the St. Mary parish in Livingston growing up, and that the alleged abuse occurred both in the church and in the school.

The Great Falls-Billings Diocese denied the allegations against Szudera, saying that an earlier accusation against Szudera brought to the church by Becker in 2006 was deemed unfounded after the diocese hired a private investigator to look into the allegation.

The Rev. Jay Peterson, vicar general for the Great Falls-Billings Diocese, said the other allegations set forth in the lawsuit were never brought to the church’s attention.

In a press conference Wednesday announcing the suit’s filing, attorney Tim Kosnoff of the Seattle-based law firm of Kosnoff Fasy said Becker and nine other plaintiffs told them about “appalling instances of sexual abuse going on for years” at the hands of priests and nuns in various places across Montana.

“The abuse is of the most hideous nature I’ve ever seen,” Kosnoff said, later adding a call to the Attorney General’s Office to investigate all claims of clerical abuse coming out of Montana.

Attorney General Steve Bullock responded with a statement that read in part:

“My top priority is keeping kids safe. Allegations of sexual abuse are always distressing, especially when the alleged perpetrator is in a position of trust.”

Bullock’s statement further reads that as of 4:30 Wednesday afternoon, his office asked for a copy of the complaint but didn’t get one.

“However, if it alleges that crimes have been committed, we encourage the victims to immediately contact their local law enforcement agency so those allegations can be investigated.”

You can read more of this story here

Click here to read the full law suit..

If someone you know needs help, you can contact us:

Our attorneys are highly experienced in childhood sexual abuse law and offer free initial consultations to potential clients. We are also willing to assist other attorneys in sexual abuse cases. Please call 206-257-3590, or email us directly. Conversations will be kept confidential, and even if you are unsure about a lawsuit, often we can direct you to the assistance you need. You will be treated with compassion and respect.

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Dan Fasy, direct: 206-462-4338
Kosnoff Fasy,, Seattle office: 206-257-3590

Utah Woman Files Sexual Abuse Civil Lawsuit

(SALT LAKE CITY, UTAH) – A 32-year-old woman has filed a civil lawsuit against golfer Steven Poulson, a man that’s also her uncle, alleging that he sexually abused her hundreds of times over a three-year span in the early 1990s, from the ages of 13 to 16.
The lawsuit was filed late last week in the Second Judicial District Court of Davis County, Utah.

Poulson, 55, was 34 years old at the time he allegedly began abusing his 13-year-old niece, Jennifer Tubbs. In 2009, the Utah Golf Association named Poulson senior golfer of the year.

Attorney Tim Kosnoff, one of the country’s leading advocates for sex-abuse victims, is joining Las Vegas attorney Chad Bowers as co-counsel in the case. The victim, Ms. Tubbs, published her full name in court papers, instead of using the initials of her first and last name, as abuse victims often do, in the hopes of encouraging other potential abuse survivors to come forward

“We see this time and again: A victim represses painful memories of sexual abuse trying survive, only to find themselves confronting the horror years down the road,” Kosnoff said.

Bowers added: “The facts in this case are particularly ugly. We’re confident a jury will see this case for what it is.”

In April 1992, the state of Utah approved laws benefitting sex-abuse survivors. For abuse occurring after April 1992 there’s an expanded statute of limitations for civil case. Without these laws, Ms. Tubbs’s claims would be barred by statute.

Court papers say that in 1990, Ms. Tubbs moved from Omaha, Nebraska to Salt Lake City, Utah to reside temporarily with her grandparents. During this time, she traveled to Bountiful Utah to live with Poulson and his wife, Janice Poulson, her aunt, during the week, returning to her grandparents’ home on the weekends.

During this time, Steve Poulson began to sexually abuse Ms. Tubbs, orally raping her and forcing her to perform oral sex on him, court papers say. Steven Poulson also allegedly gave alcohol to the young teenager and videotaped the abuse, which occurred at the Poulson’s then residence in Bountiful, Utah, court papers say.

By summer’s end in 1990, Ms. Tubbs went home to Nebraska, but returned the following summer, residing with both her grandparents and the Poulsons. The abuse continued in 1991 and 1992, and by 1992, Poulson’s molestation escalated to include sexual intercourse, oral sex, attempted anal sex, fondling and other sexual acts, primarily at his residence but at other locations as well.

Court papers say Steven Poulson threatened to kill Ms. Tubbs if she disclosed the abuse and at one point attempted to strangle Ms. Tubbs with the tie from his robe.

Steve Poulson’s alleged abuse of Ms. Tubbs continued through 1993. That year, she was hospitalized after threatening to commit suicide. Ms. Tubbs reported the abuse to a therapist, but no disclosure was ever made to local police, documents say. Last June, Ms. Tubbs contacted the Bountiful Police and made a complaint regarding the abuse. As part of that investigation and with the assistance of the police, she tape-recorded a phone call to Steven Poulson regarding the abuse. In the conversation Steven Poulson acknowledged that videotapes had been made but were destroyed. He also apologized to Ms. Tubbs but refused to discuss the details of his abuse for fear the conversation could be recorded.

Court papers say Ms. Tubbs began taking medication under a doctor’s supervision in 2010, and she began to recall additional incidents of abuse.

Ms. Tubbs later recalled that Poulson’s wife once walked in on her husband kissing and fondling her, but did nothing to stop the abuse and walked out of the room, court papers say. Janice Poulson also is named as a defendant in the case.

Ms. Tubbs is seeking general damages for pain and suffering, special damages for past and future medical expenses, compensation for lost earnings, as well as punitive damages.

FYI:

http://www.uga.org/index.php/News/details/C135/steve_poulson_becomes_first_amateur_to_win_utah_senior_open_title

http://www.fairwaysmag.com/09fall/steve_playeroftheyear_fall09.html

Who Sexually Abuses Children

Here’s a distressing statistic to consider: Some 85 percent of the time, children are abused by someone they know. Abusers are often immediate or extended family members, such as fathers, mothers, stepparents, grandparents, siblings, uncles, aunts, or cousins. They can be neighbors, babysitters, religious leaders, teachers, coaches, or anyone else who has close contact with children.
Child sexual abuse has been reported up to 80,000 times a year in the United States, but the number of unreported instances is far greater, because the children are afraid to tell anyone what has happened, and the legal avenues for validating an episode is difficult. The problem should be identified, the abuse stopped, and the child should receive professional help. The long-term emotional and psychological damage of sexual abuse can be devastating to the child.

Sexually abused children may:

  • Say their bodies are dirty or damaged, or fear that there is something wrong with them in the genital area
  • Refuse to go to school
  • Develop delinquency/conduct problems
  • Become secretive
  • Have nightmares or problems sleeping
  • Become depressed or withdraw from friends or family
  • Show an unusual interest in or avoidance of all things of a sexual nature
  • Become aggressive
  • Engage in suicidal ideation
  • Relive aspects of sexual molestation in drawings, games, fantasies

Abusers can make the child extremely fearful of telling or reaching out for help, especially when it is a member of the family. Only when a special effort has been made for the child to feel safe, can the child talk freely.

If someone you know needs help, you can contact us:

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Dan Fasy, direct: 206-462-4338
Kosnoff Fasy, Seattle office: 206-257-3590

Statutes of Limitations

Sometimes it takes a tragedy to establish or improve public policy.

For years, varying state statutes of limitation have kept victims of child sexual abuse from closure, with abusers evading justice.
Sex Abuse Attorney
In Pennsylvania, the criminal statutes of limitation extends until the victim reaches the age of 50. In New York, it’s 18. But since news of the Penn State scandal broke, the public has learned about laws seldom discussed. In Syracuse, despite finding the allegations to be credible, prosecutors have declined to pursue criminal sex abuse charges against former assistant basketball coach Bernie Fine because of the case’s statutes of limitation. Several states are already fighting back, trying to expand or even eliminate the statutes of limitation on these cases.

Why did it take so long? The very nature of the crime is predicated on secrecy and shame and manipulation. It often takes years, and even decades, for victims to grasp what has happened, and even more time to pursue legal recourse. In the wake of the recent scandals, survivors and authorities are forced to respond to the failures of the system and build a better path for justice.

Seattle attorney Tim Kosnoff has represented more than 500 victims of childhood sex abuse.

To find out more, visit Kosnoff.com or call:

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Kosnoff Fasy, Seattle office: 206-257-3590

What are the Warning Signs of Sexual Abuse?

Sex abuse memories can be repressed for years.

The signs of sexual abuse are important to know. Consider the possibility of sexual abuse when a person exhibits the signs:

  • An increase in nightmares and/or other sleeping difficulties
  • Angry outbursts
  • Anxiety
  • Depression
  • Difficulty walking or sitting
  • Withdrawn behavior
  • Pregnancy or contraction of a venereal disease, particularly if under age 14
  • Propensity to run away
  • Refusal to change for gym or to participate in physical activities
  • Regressive behaviors depending on their age (e.g., return to thumb-sucking or bed-wetting)
  • Reluctance to be left alone with a particular person or people
  • Sexual knowledge, language, and/or behaviors that are unusual and inappropriate for their age

Take it very seriously when a child reports sexual abuse by a parent or another adult caregiver. You may want to consider the possibility of sexual abuse when the parent or other adult caregiver:

Is unduly protective of the child or severely limits the child’s contact with other children, especially those of the opposite sex
Is secretive and isolated
Describes marital difficulties involving sexual relations or family power struggles.

Common Symptoms in Adult Survivors of Childhood Sexual Abuse

The Manifestation of Childhood Sexual Abuse can come out in many ways some you may not expect.
Common Symptoms in Adult Survivors of Childhood Sexual Abuse

Physical Symptoms:

  • Pseudocyesis (false pregnancy)
  • Sexual dysfunction
  • Asthma, respiratory ailments
  • Chronic headache
  • Chronic back pain
  • Chronic pelvic pain
  • Gastrointestinal symptoms/distress
  • Musculoskeletal complaints
  • Obesity, eating disorders
  • Insomnia, sleep disorders
  • Alcohol or drug abuse

Psychologic and Behavioral Presentations

  • Depression and anxiety
  • Posttraumatic stress disorder symptoms
  • Dissociative states
  • Repeated self-injury
  • Suicide attempts
  • Lying, stealing, truancy, running away
  • Compulsive sexual behaviors
  • Sexual dysfunction
  • Somatizing disorders
  • Eating disorders
  • Poor adherence to medical recommendations
  • In Ability to maintain romantic relationships
  • Constant search for intimacy
  • Expectation of early death
  • Inability to hold a job
  • Guilt, feelings that it was your fault
  • Anger (toward yourself, your abuser, others who should have known or stopped the abuse)
  • Self-hatred, self-blame
  • Criminal behavior, self-destructive behavior
  • Isolation
  • Anxiety
  • Flashbacks, repressing memories, post-traumatic stress

Although there is no single syndrome that is universally present in adult survivors of childhood sexual abuse, there is an extensive body of research that documents adverse short- and long-term effects of such abuse. We’ve helped hundreds of victims of childhood sex abuse. Over the years, we’ve come to recognize the telltale signs. The trauma of childhood sex abuse can leave emotional scars that last for years after the abuse has ended. If someone you know needs help, you can contact us:

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Dan Fasy, direct: 206-462-4338
Kosnoff Fasy, Seattle office: 206-257-3590

Supporting a Survivor

When and friend or loved one comes out as a sexual abuse survivor we have a lot of questions and may be unsure of how to move forward. Our reactions can take a huge role in how a survivor processes their abuse and knowing how to respond can help ease the process.

  1. Be self-aware. Your reaction can be interpreted as judgment or disapproval. Stay neutral and supportive.
  2. Do not make promises you can’t keep. There are statutes of limitations to consider, the court process can be lengthy and you cannot control the outcome. The only promise you can make is that you’ll be there to support them.
  3. Let them speak. It’s easy to comfort someone by hushing them or telling them not to think about it, but the process of communicating their story will help them as they pursue their options.
  4. Let the survivor control the situation. Don’t push. Sharing their experience is difficult and it’s important not to pressure them into speaking. It is their decision if they want to go to counseling or contact the police.
  5. Don’t question their experience. Assure them that you believe them and avoid questions like, “Are you sure?”
  6. Don’t overshare. Trying to relate is human nature, but it can take away from the survivor’s experience.
  7. Educate yourself. Know the signs and what you can do to help.

Your support is crucial to the healing process. If someone you know needs help, you can contact us:
Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Kosnoff Fasy, Seattle office: 206-257-3590

Wake Up, Prosecutors! Perspective from a Sex Abuse Victims’ Attorney

The Penn State sex abuse scandal has prompted a seismic shift in how the world views the safety of children. It’s similar to life before 9/11 and post-9/11. The world has changed in a few days.
Several Pennsylvania lawmakers are considering new legislation related to mandatory reporting, with other states likely to follow. New victims are coming forward. The case also prompted an admission from Citadel, which acknowledged failing to fully investigate or report a case of suspected sex abuse in 2007.

Civil attorneys, who have been working these cases on behalf of victims for years, welcome the revelations and potential reforms. Civil litigation is a powerful tool for victims, but there’s no substitute for the power of criminal prosecution to hold responsible parties accountable.

When civil attorneys are asked to do the work of prosecutors, it’s costly. And often, those who protect perpetrators are left in power to police themselves.

It took me years of fighting, all the way to the Washington state supreme court, to force the Boy Scouts of America to hand over their secret files detailing longtime institutional knowledge of pedophiles within their ranks.

In sex-abuse cases involving the Catholic Church, we routinely see local authorities decline to use their prosecutorial powers to investigate.

Case in point: the Roman Catholic Diocese of Kansas City-St. Joseph. In a deal struck this week to avoid criminal prosecution, Bishop Robert W. Finn agreed to meet monthly with a local prosecutor to detail every suspected episode of abuse in his diocese for the next five years. Last month, Finn was indicted by a grand jury for failing to report a priest accused of taking pornographic pictures of girls.

I’ve seen this behavior for years. It is the same preferential treatment prosecutors have been giving to the Catholic Church for decades. It is not the prosecutor’s job to supervise or oversee the Catholic bishop.

Who else is the prosecutor going to have weekly meetings with? The Baptists? The Mormons? The Boy Scouts of America? This is a misuse of prosecutorial power and smacks of preferential treatment for religion. Instead, the prosecutor should convene a grand jury, put people under oath, subpoena documents and conduct a thorough investigation. How would the prosecutor know the extent of the problem in the Kansas City Diocese if he has never unearthed all the facts? How would he know if the bishop is telling him the truth in their sessions or if he lied? If Finn lies, it would not be perjury, as he will not be making sworn statements, presumably.

Meanwhile, here on the West Coast, the Seattle Archdiocese has declined to release the names of some 69 credibly accused clergy, opting instead to wait for the Vatican to decide their fate, before making the allegations public. King County Prosecutor Dan Satterberg believes the statute of limitations has passed and has declined to investigate. Instead, he’s opted to sit on the archbishop’s advisory board, trading his prosecutorial powers for tea and cake with a church official.

Why this backward thinking? If a suspected pedophile ring were uncovered in any other organization, there would be no end to the outcry, as we’ve seen at Penn State

The problem with self-policing is that Catholic bishops and others at powerful institutions have an inherent conflict of interest. Their highest priority is to protect their assets and reputation.

It’s been nearly 10 years since the sex-abuse scandal in the Boston Archdiocese burst onto the scene. Thousands of court settlements later, we’re still entrusting Catholic bishops and others to keep tabs on their own.

Penn State is a wake-up call. It is past time that criminal prosecutors and grand juries in the United States start using their power to investigate, like they’re doing at Penn State, in Philadelphia, and in parts of Europe. Criminal sanctions should be brought against officials that shield predators, using existing laws that are in place. The stakes are too high. The safety of children is too important.

Seattle attorney Tim Kosnoff has represented more than 500 victims of childhood sex abuse.

To find out more, visit Kosnoff.com or call:

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Kosnoff Fasy , Seattle office: 206-257-3590

The First Step is the Hardest: Pursuing Legal Action in a Sex Abuse Case

Making the decision to pursue a legal action can be a daunting prospect for a sexual abuse survivor. I’ve specialized in child sexual abuse cases for over 15 years, and I know there are a lot of questions leading up to that decision. How do you know if you have a case? What can I expect? Will it be worth it?
A viable case can depend on a lot of factors, including the state in which sex abuse occurred. In many states, including Idaho, Montana, Washington, and Oregon, survivors, no matter how old a claim may be, can pursue legal action. The most important thing is to come forward and seek and attorney who can evaluate a legal avenue for your claims.

Each individual has to make the choice whether it is worth their time to pursue legal action. There is anxiety in reliving and retelling the abuse experience. In my experience, it is universally helpful for the survivor to have a close knit support system throughout the process which can be emotionally and psychologically challenging at times. Most survivors find a way to seek justice and on the journey grow stronger in their determination. I believes the process is empowering, validating and healing.

If you or someone you love has experience sexual abuse, or if you have questions visit Kosnoff.com or call:

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Kosnoff Fasy , Seattle office: 206-257-3590